TruckMax, Inc. and Babco Engineering, LLC (collectively, "TruckMax"), defendants in a workers' compensation/wrongful death case revolving around Joseph Harris' tragic accident, appealed for a writ of mandamus to amend their defense to assert that one plaintiff, Latosha Caster-Harris, lacked the capacity to pursue claims against them due to not being Joseph’s dependent under the Alabama Workers’ Compensation Act. Latosha, the decedent's wife, had testified to living apart from Joseph for ten years, thus conflicting with her previous claim of being Joseph's dependent.
All defendants, except TruckMax, had settled with the plaintiffs and had been dismissed from the action. The trial court denied TruckMax's motion to amend its answer, reasoning that the amendment was untimely and questioning the merits of TruckMax's proposed lack-of-capacity defense. TruckMax's petition for mandamus was based on the argument that Latosha's lack of capacity as a dependent would invalidate her claim. However, this Court denied the petition, emphasizing that TruckMax had failed to establish the trial court's denial should be reviewed via a mandamus petition, highlighting the lack of another adequate remedy, and maintaining that a proper method of seeking appellate review had not been demonstrated in this case.
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Wrongful Death Award Reversed
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Procedural Dispute of Proper Court to review Exclusivity Provisions